SkyDekker 1,465 #76 April 19, 2005 QuoteI'm not sure I see the distinction in this case. See, up here if a citizen (or securrity officer) wants to keep some one, they have to arrest the person. They cannot detain on suspicion of, or detain for any reason. Detaining can only happen after arrest. Quote Share this post Link to post Share on other sites
Kennedy 0 #77 April 20, 2005 QuoteThis guy was wrong. I know it and I think you know it. I have no problem with people owning guns. I do have a problem with them being irresponsible in using them. This guy either emotionally lost it, was overcome by the rush of exerting his will on others, or simply made a serious error in judgment. He went too far. Not just a little bit, but way too far. So perhaps he's a good guy and just got all emotionally wound up and couldn't see when he should have stood down. A most valuable lesson to be learned, don't you think. How was he wrong? What was irresponsible? Why do you think he "emotionally lost it?" What went way too far? Your post is very vague. Very damning, but where are the specifics? Was he wrong for being there? Was he wrong for drawing his firearm? Was he wrong for pointing it at them? Was he wrong for ordering them out of the car? Was he wrong because he was white? Tell me what's on your mind and we can discuss something. As it is, the only way I can refute your post is to say "No he wasn't." witty subliminal message Guard your honor, let your reputation fall where it will, and outlast the bastards. 1* Quote Share this post Link to post Share on other sites
Kennedy 0 #78 April 20, 2005 QuoteSee, up here if a citizen (or securrity officer) wants to keep some one, they have to arrest the person. They cannot detain on suspicion of, or detain for any reason. Detaining can only happen after arrest. In the US, LEOs can detain people for quesitoning before putting them under arrest. They can also detain people who are not suspects in a crime (material witness, waiting for ID, a traffic stop, etc). Citizens, as I understand it, can only arrest people. There is no "detention" powers for the public. You either arrest them or let them go. I also doubt your police force can only arrest people or let them go. When you really get into the law, police have the power to hold people without arresting them.witty subliminal message Guard your honor, let your reputation fall where it will, and outlast the bastards. 1* Quote Share this post Link to post Share on other sites
SkyDekker 1,465 #79 April 20, 2005 QuoteIn the US, LEOs can detain people for quesitoning before putting them under arrest. They can also detain people who are not suspects in a crime (material witness, waiting for ID, a traffic stop, etc). Citizens, as I understand it, can only arrest people. There is no "detention" powers for the public. You either arrest them or let them go. Then that is the same as here in Canada. LEOs can detain without arrest, citizens (which includes security officers) can only detain after arrest. Which in the case of this thread I wonder would be a case for the prosecution, because he did detain without arrest, from what I can make up from the article. Quote Share this post Link to post Share on other sites
Kennedy 0 #80 April 20, 2005 He very much placed them under citizen's arrest. He witnessed them commiting a felony (as far as he could tell) and so the situation would be a citizen's arrest. Everything still hinges on whether the draw was justified or not. If a jury says it was, everything else is righteous. If a jury decides it wasn't, everythign that followed could be found justifiable, but honestly any jury that convicts of assault would covinct him of everything short of satansim and terrorism. If you want to talk about detaining someone in a way that citizens have no legal powers to do so, imagine that he had pointed his gun at the passerby and ordered that man to stay as a witness. THEN you'd see charges stemming from an illegal detention.witty subliminal message Guard your honor, let your reputation fall where it will, and outlast the bastards. 1* Quote Share this post Link to post Share on other sites
SkyDekker 1,465 #81 April 20, 2005 see, here in canada you have to actually utter the words for it to be a legal arrest. Quote Share this post Link to post Share on other sites